Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint. In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant,…Read More
Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit
February 23, 2023 21st Amendment Alcohol Regulation Supreme Court
Supreme Court Denies Certiorari in B-21 v. North Carolina Case
January 9, 2023 21st Amendment Alcohol Regulation Supreme Court
Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause. The Supreme Court today issued a list of dozens of cases…Read More
Rhode Island Retailer Case Going to First Circuit
November 18, 2022 21st Amendment All
The First Circuit will get to join the fun of dormant commerce clause litigation. The plaintiffs who lost in Rhode Island District Court have filed a Notice of Appeal with the First Circuit so briefing in this case will occupy the first half of 2023. In their continuous effort to create a federal appellate court…Read More
District Court Rules for Ohio in Retailer Shipping Challenge
September 14, 2022 21st Amendment Alcohol Regulation All Supreme Court
Judge Morrison of the Eastern District of Ohio granted the state of Ohio’s summary judgment motion to dismiss an out of state retailer’s challenge to Ohio alcohol laws. A copy of the decision can be found here. The court noted that the 6th Circuit had already ruled in a “substantially similar” case out of Michigan. …Read More
15th Annual Center for Alcohol Policy Legal Conference to be held August 30 and 31 in Nashville
July 27, 2022 21st Amendment Alcohol Regulation All
I am excited to be a part of the 15th Center for Alcohol Policy Legal Conference which will be held in Nashville, Tennessee. The conference starts with a reception the evening of August 29 and then goes all day the 30th and half the day on Wednesday the 30th. Registration can be found here. There…Read More
